New Look to Green Cards & EAD Cards  

USCIS will start issuing redesigned cards with enhanced graphics to applicants.  The new cards will start being issued on May 1, 2017.

These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant to prevent document tampering, counterfeiting and fraud; than the ones currently in use.

The Redesigned Cards

The new Green Cards and EADs will:

  • Display the individual’s photos on both sides;
  • Show a unique graphic image and color palette:
  • Green Cards will have an image of the Statue of Liberty and a predominately green palette;
  • EAD cards will have an image of a bald eagle and a predominately red palette;
  • Have embedded holographic images; and
  • No longer display the individual’s signature.

Also, Green Cards will no longer have an optical stripe on the back.

How To Tell If Your Card Is Valid

Some Green Cards and EADs issued after May 1, 2017, may still display the existing design format as USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new Green Cards and EADs will remain valid until the expiration date shown on the card.

Certain EADs held by individuals with Temporary Protected Status (TPS) and other designated categories have been automatically extended beyond the validity date on the card.

Employers, please note that both the older version and the new cards are acceptable for Form I-9, Employment Eligibility Verification, E-Verify, and Systematic Alien Verification for Entitlements (SAVE).

Some older Green Cards do not have an expiration date.  These older Green Cards without an expiration date remain valid.

Individuals who have Green Cards without an expiration date may want to consider applying for a replacement card bearing an expiration date. Obtaining the replacement card will reduce the likelihood of fraud or tampering if the card is ever lost or stolen.

Nalini S Mahadevan, JD, MBA ▪ nsm@mlolaw.us ▪ Office: 314.932.7111 & 314.402.2024

Disclaimer:  Not meant as legal advice! For information purposes only.

 

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Students at at UNNJ lose their visa!

ICE cancels F-1 Student visas

On April 4 and 5, 2016, the Student and Exchange Visitor Program (SEVP) terminated the visa of nonimmigrant students who had enrolled at the University of Northern New Jersey (UNNJ), and the visas of nonimmigrant students who had transferred from UNNJ.

Why?

The students were found to have knowingly participated in visa fraud because they enrolled at UNNJ to obtain an illegal to maintain their F-1 nonimmigrant status.

UNNJ is a school operated by Homeland Security Investigations (HSI) Newark. It was created as a part of an enforcement action that targeted SEVP-certified schools and officials who sought to fraudulently utilize SEVP and the Student and Exchange Visitor Information System (SEVIS) to commit various violations of federal law.

There are approximately 60 students who are affected and who will receive notification of cancellation of their visa.

Students who are terminated because they were currently  or  enrolled before at UNNJ and choose not to file for reinstatement or have applied to USCIS for reinstatement and whose application is denied, must depart the country immediately.

Not Eligible for Transfer

These students are not eligible for to transfer to another SEVP-certified school unless U.S. Citizenship and Immigration Services (USCIS) approves the student for reinstatement following the student’s termination. Students who transferred to another school from UNNJ will also be terminated and their new school will be notified of the cancellation of their visa.

What to do now?

Call SEVP Response Center at 703-603-3400. This number is staffed from 8 a.m. to 6 p.m. (ET), Monday through Friday, except holidays. The SEVP Response Center is closed every Wednesday from 12:45 to 1:30 p.m. ET for system maintenance and testing.

Provide the following information when calling:

  • First and last name
  • SEVIS ID number
  • Address
  • Telephone number where you can be reached
  • E-mail address
  • Current SEVP-certified school

Nalini Mahadevan JD, MBA

Attorney at Law

314-932-7111 office

nsm@mlolaw.us

website: Mlolaw.us

Disclaimer:  Not meant as legal advice. NOT meant to create an attorney client relationship.  Please call an attorney to obtain advice pertaining to your legal situation.

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Is Your Driver’s License valid for Flying?

Starting Jan 10, 2016, TSA will no longer accept MO DL as valid photo ID to board a commercial craft at an airport.  There are 8 other states which are in the same boat!  

  • Alaska
  • California
  • Illinois
  • Minnesota
  • Missouri
  • New Jersey
  • New Mexico
  • South Carolina
  • Washington state
  • Puerto Rico
  • Guam
  • the U.S. Virgin Islands
In response to TSA’s announcement, the Federal Courts in Missouri announced that a MO DL is still valid ID as far as they are concerned!
Many US born citizens living in MO and other states, may not have alternate Photo ID such as a US Passport, to present. US Passports are expensive for most persons to obtain. Military identification can be presented as valid ID to TSA. Immigrants in general have their passports to present as photo ID to TSA.
 
Here is what the DHS had to say:
“The Department of Homeland Security is working with state officials to ensure their compliance with REAL ID Act standards and to grant a state an extension where warranted. Missouri has not yet provided adequate justification to receive an extension on compliance with the requirements of the REAL ID Act passed by Congress in 2005. As of October 10, 2015, federal agencies may only accept driver’s licenses and identification cards issued by states that are compliant with the REAL ID Act or have an extension for accessing most federal facilities (including military bases) and entering nuclear power plants. Starting on January 10, 2016, driver’s licenses and identification cards issued by Missouri will not be accepted for these purposes. Missouri residents visiting a federal facility can provide another form of identification or follow procedures that the facility allows for persons without acceptable identification.”
 
“Missouri can request an extension at any time if there are new developments or additional relevant information regarding the steps they are taking to comply with the REAL ID Act requirements.”
 
“The Transportation Security Administration continues to accept all state-issued driver’s licenses and identification cards, including those from Missouri. DHS is in the process of scheduling plans for REAL ID enforcement at airports and will ensure that the traveling public has ample notice, at least 120 days, before any changes are made that might affect their travel. The REAL ID Act places the responsibility for action on the state to provide state-issued identification that meets the Act’s security standards.”
 
Nalini S. Mahadevan, Esq
nsm@mlolaw.us  Tel: 314.932.7111 (office) 314.374.8784 (mobile)
7730 Carondelet Ave, Suite 110, Clayton MO 63105
Disclaimer: Information contained here is not meant as legal advice nor does it create a client-attorney relationship.  A choice of a lawyer should not be based on advertising alone.

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EB-5 for Newbie investors

There are only a few items investors with EB-5 visas need to remember. First, they can choose any size project — either a regional center project or a direct investment project. Second, there is no magic size to the project; project investment can be $500,000 or $1 million, but there is no green card unless the project creates 10 jobs for every investor. The 10 jobs must be created by the time the conditions on residency are approved to be removed by USCIS.

The return on investment is very low — in the low single digits — but the real reward is the green card. So choose a lawyer and a project you can trust to see you to the end of the process.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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Will You Get Your Green Card Soon?

Obama issues executive orders for Entrepreneurs H1Bs, H-4s, L1Bs, and O-1 visa holders. Read the memo issued by USCIS on Obamas initiatives on visa-based employees below.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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Midterm Elections Issue: Immigration

Midterm elections are next week; the hot-ticket issue this time around is immigration reform, which has proved to be a very explosive issue for both political parties. President Obama has decided that he will take immigration reform head-on only after midterm elections are over.

The political pundits say the Republicans are slated to win both House and Senate.  Either way, immigration reform will happen whether Republicans or Democrats retain the Senate or House.

If the Republicans win the Senate, then they have to do something to woo the immigrant vote, which is 10% Latino. South Asians and Southeast Asians have also increased their voting numbers. Both these populations want immigration reform to happen because they all have family or friends who may benefit. American business needs tech workers in both healthcare and business. If the Democrats win, Obama will preserve the immigrant vote by executing immigration reform by Executive Order, increasing the number of H1B visas and giving H4 visa holders employment authorization like he did for ‘dreamers.’

Under Republican leadership, the US could increase border security with a virtual wall, and create more visas for H2B and H1B because of the demand and because it is cheaper to monitor the visa issue rather than spend billions on border security, which is found to be full of holes (pun unintended!).

Immigration reform is on its way!

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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Alternatives to H1B visas

The H1B visa season is upon us, the filing date was on April 1, 2014, and like last year is expected to be oversubscribed. What visas can a company consider once the H1B visas are exhausted for the season?

This year, let us consider non-H1B countries, where alternative visas are available for skilled workers.

For Mexicans and Canadians

The TN visa under the North American Free Trade Agreement (NAFTA). Until this time, only Canadians could apply directly to the consulate or embassy or enter through the Canadian/US border with the proper credentials.

On February 10th, 2014, the US Department of State published a final rule that Mexicans applying for a TN visa could apply at the consulate or embassy in the US without first seeking approval from USCIS, or before applying for a TN visa at the US embassy or consulate in Mexico.

This is a giant leap forward for immigration, according similar trusted status for citizens south of the border.

Of course, applicants must be sponsored by an employer with a genuine job offer, and job duties must conform to the NAFTA guidelines.

While TN visas require non-immigrant intent—which means the applicant cannot apply for a green card from a TN visa status—the visa allows renewal in the US, and under tax treaties, allows the worker to accumulate the equivalent of Social Security in their country of origin.

There used to be a ceiling on admissions of TN, but that is not the case anymore.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan
Copyright 2014. All rights reserved.

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CBP Allows Domestic Partnerships and Blended Families to File a Single Customs Declaration

On 12/13/2013, the US Customs and Border Protection (CBP) broadened the definition of “members of a family residing in one household” to include long-term same-sex couples and other domestic relationships, a departure from the usual practice of a ‘family’ file multiple forms for each member, creating extra paperwork and a waste of processing time on entry to the US.

The rule will become effective on January 17th, 2014 after the holidays. The rule applies to both returning US citizens, US residents and international visitors who can now file a joint customs declaration for items purchased or brought from overseas.

CBP expects this process streamlining to save up to $2.8 million annually in personnel time.

New Definition of Domestic Relationships

“Domestic relationship” would be defined to include:

  • Foster children, stepchildren, half-siblings, legal wards, other dependents, and individuals with an in loco parentis or guardianship relationship with the children.
  • Two adults who are in a committed relationship including, but not limited to, long-term companions and couples in civil unions or domestic partnerships where the partners are financially interdependent, and are not married to, or a partner of, anyone else.

“Domestic relationship” excludes roommates or other cohabitants who do not meet the above definition.

“Members of a family residing in one household” will continue to include relationships of blood, adoption and marriage.

What This Change Will Mean to Travelers

For US Citizens and Residents

  • Under the new definition of domestic relationship, one combined family declaration can be presented to the CBP officer upon arrival.
  • For returning U.S. residents to be considered members of a family and group their exemption from customs duty and internal revenue tax, individuals must have lived in one household at their last permanent residence and intend to live together in one household in the U.S.
  • As with any joint declaration, verbal or written, the person making and/or signing the declaration will be held accountable for its validity.
  • If family members are U.S. residents, regulations allow them a personal duty exemption of up to $800 per individual and up to $1,600 per family.

For International Visitors

  • Under the new definition of domestic relationship, one combined family declaration can be presented to the CBP officer upon arrival.
  • For visitors to the U.S., regulations allow them certain exemptions (gifts, tobacco, personal effects, etc,), and they will be able to file a single family declaration, but they do not have the same personal duty exemption of $800 (individual) and $1,600 (members of a family) allowed to returning U.S. residents. As with any joint declaration, verbal or written, the person making and/or signing the declaration will be held accountable for its validity.

The Takeaway

Families are now redefined to include domestic partnerships, civil unions, unmarried persons living together, couples in same sex relationships and their biological, adopted and foster children. Families must reside together and continue to reside in the same home after they return to the US. There must be a financial relationship between the couple, which could mean a joint tax return or other means of sharing the financial burden of their home.

See also:
DOMA Issues After the Passage of “US v. Windsor”
USCIS releases FAQ on Immigration Benefits for Same Sex Marriages

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2013. All rights reserved.

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A Second Look at Comprehensive Immigration Reform

In February, I wrote about why comprehensive immigration reform has a chance to pass this year; now, it’s time to discuss how immigration reform can strengthen the US as a whole.

Immigration reform has heavy bipartisan support, spearheaded by President Obama and Republican Sen. Marco Rubio (FL). Sen. Rubio is a member of the “Gang of Eight”, the four Democrat and four Republican Senators who have introduced new immigration legislation to Congress — Rubio has also assumed the role of spokesperson for the pending bill in the Senate. The House is also sponsoring several other bills on immigration.

There are security and economic reasons for the US to reform its immigration policy, both of which will have a major impact on the US economy.

The Security Side and the Impact on Employers

Immigration reform is not going to happen without enhanced border security and metrics to measure the levels of security reached. Another measure of security to guarantee a legal workforce is to make both E-verify and Form I-9 compliance mandatory for all employers.  Senate has already earmarked $110 million dollars to these programs — employers should see new compliance regulations soon after a new immigration bill has passed.

In addition, electronic checking of departures by CBP will ensure that non-immigrants depart on the date their authorized stay expires, according to their Form I-94 record. Departures are currently recorded with a paper I-94, which is surrendered upon exiting the US. The new electronic I-94 will record departures from passenger manifests issued by airlines. Entries are currently recorded, but exits from the US are not recorded uniformly at all ports. In addition, the new bill will mandate that all passports be electronically read, which would reduce human error.

It is a misconception that highly skilled visa holders somehow depress US wages. On the contrary, where certain technical skills are in short supply, employers pay top dollar wages for visa holders and high fees to the federal government, as well as jump through legal hurdles to employ these workers. The cost of employing a foreign worker is more expensive than a domestic worker.

The Economic Side

Granting legal status to more immigrants will relieve our labor shortages in both high-skill and low-skill arenas. The educational background of native-born Americans typically includes high school and college education — few are without high school diplomas, and hardly any have Ph.D.s in science, technology, engineering or mathematics (STEM). The educational background of immigrants, on the other hand, is quite different: while many lack high school education, others hold Ph.D.s in STEM fields.

Most of the debate on immigration reform has focused on giving legal status to undocumented immigrants, upon the condition that they pay fees and back taxes. This will certainly have positive effects on our economy; however, we have more to gain from immigrants, both young and old, who, after gaining legal status, decide to further their careers in the US. Once these immigrants feel reassured about their future in the US, they will be more willing to invest in their careers.

One of our current problems is that many skill workers have trouble gaining a foothold onto the path to citizenship. Foreign entrepreneurs and technologists who study in the US are often denied works visas and return to their home country to find success. This issue is both stunting economic growth and causing a brain drain in America.

The number of available temporary visas is rarely revised and is still dependent upon caps and quotas. Our economic conditions have not been taken into consideration. Increasing visas both for high skilled workers, and lower skilled entrants in agriculture and forestry, could have a positive effect on wages and reduce the number of illegal entrants and overstays.

Immigrants also bolster our productivity growth. According to the Wall Street Journal, foreign scientists and engineers, who came to the US with an H1B visa, contributed 10-20% of the yearly productivity growth in the US from 1990-2010. Attracting innovators to our country will undoubtedly create more jobs, as more innovation means more labs, universities and companies doing research. Yet, the US’s H1B visa program only creates 65,000 visas per year for highly skilled workers. That amount has proved to be insufficient, as H1B visas quotas fill very quickly as in the last cap.

There are clear economic and security needs for streamlined and comprehensive immigration reform, and lawmakers and politicians must take action. Congress is set to vote on immigration reform before the July 4 congressional recess.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2013. All rights reserved.

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CBP Announces Electronic Form I-94 Arrival/Departure Record

Form I-94 is the main way in which persons who are not US citizens, and who are not legal permanent residents, demonstrate their legal entry into the US. Customs and Border Protection (CBP) have announced the digital automation of Form I-94 Arrival/Departure, which will standardize travelers’ arrival and inspection processes, and ultimately lower costs and travelers’ wait time. Currently, CBP does not have a fail-safe method of keeping track of non-immigrant departures — an electronic I-94 could eliminate this loophole.

In late March, CBP published an interim final rule to the Federal Register, which redefines the definition of Form I-94 to include the electronic format and will be effective on April 26, 2013. Non-immigrants, who enter the US by air or sea will not have to submit paper Forms I-94.  But those who are subject to secondary inspection and asylees, refugees and parolees, will be required have to submit a paper form given to them by a Customs and Border Patrol officer. Travelers who enter through land border ports of entry will receive paper versions of Form I-94.

CBP will maintain I-94 records for all travelers who require one, but all records will instead be entered into the system in an electronic format and not given to the traveler. CBP will scan the traveler’s passport, creating an electronic arrival record for that person. Travelers will receive a CBP admission stamp on their travel documents, which detail the date and class of admission, and the admitted-until date. Departures will also be recorded electronically — if the traveler has a paper I-94, then he/she must surrender it upon leaving the US.

Some agencies will require a paper copy of Form I-94. USCIS will ask applicants to fill out paper copies when requesting particular benefits; and the State Department of Motor Vehicles (DMVs) will ask for paper copy submissions. In addition, non-immigrants with work authorization can present paper copies of Form I-94 to their employers during the Form I-9 process. If a traveler needs a paper copy of Form I-94, it will be available at www.cbp.gov/I94.

The Takeaway

Since this program is very new, we can expect confusion from all corners for a while, and differences in enforcement and paper documentation requirements from agencies. If you are a non-citizen, who is not a permanent resident, you will not receive a paper I-94 form from CBP as you enter the US, if you come by air or by sea. You will continue to receive a paper I-94 if you come by land from Canada or Mexico, if you require a secondary inspection, or you are a refugee or asylee. The problem is that USCIS and individual state-run agencies, such as drivers licence bureaus, will continue to require the now defunct I-94 form. In addition, it will become important to log onto the CBP website to ascertain that all your details on the electronic record are correct, and to print out a copy for your non-immigrant record. The electronic record will be erased from the system on departure from the US — maintaining a paper copy to prove departure may be useful under these new circumstances.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2013. All rights reserved.

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